2022 (5) TMI 315

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....Advocate for the Appellant. 2. This Appeal has been filed against the Order dated 24th February, 2022 passed by the Adjudicating Authority in I.A. No. 341 of 2021 in CP(IB) No. 30/Chd/Hry/2019. I.A. No. 341 of 2021 was filed under Section 27(3) of the Insolvency and Bankruptcy Code, 2016 (hereinafter referred to as 'The Code') for the appointment of Mr. Vijay Kumar Gupta as Resolution Professional by replacing Mr. Khushvinder Singhal, Resolution Professional. The Committee of Creditors vide its meeting held on 17th May, 2021 approved the replacement of the Appellant with Mr. Vijay Kumar Gupta. One of the Resolutions taken in the CoC meeting was also that Professional Fee shall be paid to Appellant, the Resolution Professional and other e....

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....nt submits that there was no occasion for issuing direction to reconstituted CoC to consider the CIRP fees of the Appellant which having already been approved in the earlier CoC meeting held on 17th May, 2021. 5. We have considered the submissions of the Learned Counsel for the Appellant and Perused the record. 6. A perusal of the Order especially paragraph 8 of the Order indicates that in different item the Professional Fee and CIRP cost from 31st March, 2021 to 31st January, 2022 has been claimed in a tabular form. The paragraph indicates that CIRP cost also includes cost which has been incurred subsequent to the decision of the CoC on 17th May, 2021. We do not find any error in the Direction of the Adjudicating Authority for consid....